September 2012

27/09/2012

Married prison officers Shaun and Lisa Percy were today sentenced at Preston Crown Court following the death of a prisoner, Christopher Oldham, during the night of 21/22 April 2011 at HMP Preston. They each received 12 months’ imprisonment suspended for two years, and were ordered to perform 200 hours of unpaid work.

Neil Dalton, special crime lawyer for the Crown Prosecution Service said:

“Shaun and Lisa Percy, who worked alongside each other as wardens at HMP Preston, had over 20 years’ experience in the Prison Service but wilfully neglected to carry out the duties required of them.

“Shaun Percy was personally responsible for monitoring at risk prisoners but deliberately failed to carry out the necessary checks. Indeed, Christopher Oldham had died almost three hours before Shaun Percy checked on him. Percy’s office was just feet away from the cell, but CCTV shows that he checked on Christopher just twice that night. CCTV also shows that Percy completed his ‘pegging’, which means he passed Christopher’s cell every half an hour as required, but failed to look inside.

“Instead, Percy fabricated entries on the log, claiming that Christopher was lying on his bed watching television and even recorded Christopher telling him he was ‘OK’.

“When Lisa Percy was notified of the death, she tried to cover up her husband’s failings by entering false entries on the prison log and forging her husband’s signature next to them.

“Prison officers owe an important duty of care towards their prisoners and checks exist for a reason.

“This has been a sad and distressing case and I would like to take this opportunity to express my condolences to Christopher’s family.”

Shaun and Lisa Percy pleaded guilty to misconduct in public office at Preston Crown Court on 5 July 2012.

24/09/2012

“The CPS received a file of evidence from the Metropolitan Police Service which arose from Operation Elveden in relation to April Casburn. Ms Casburn is employed by Metropolitan Police Service as a Detective Chief Inspector in Specialist Operations.

“We have concluded, having carefully considered the file of evidence, that there is sufficient evidence for a realistic prospect of conviction and that it is in the public interest to charge DCI Casburn with misconduct in public office. The particulars are that on 11 September 2010, April Casburn, being a public officer, and acting as such, without reasonable excuse or justification, wilfully misconducted herself to such a degree as to amount to an abuse of the public’s trust in that office. This charge relates to an allegation that DCI Casburn contacted the News of the World newspaper and offered to provide information.

“May I remind all concerned that DCI Casburn is now charged with a criminal offence and has a right to a fair trial. It is very important that nothing is said, or reported, which could prejudice that trial. For these reasons it would be inappropriate for me to comment further."

21/09/2012

Thieves who stole a power cable from a Shropshire hospital, which was connected to a mobile MRI scanner, were today sentenced to a total of two and a half years at Shrewsbury Crown Court.

Ricky Filmer, aged 23, Eric Bennett, 24 and a youth who cannot be named for legal reasons, all pleaded guilty at an earlier hearing to stealing a 10 metre cable which provided electricity to the mobile scanner.

“This was a thoughtless and irresponsible offence that caused the cancellation of numerous appointments for MRI scans and risked this vital piece of equipment being irreparably damaged.

“These individuals’ actions were motivated by greed and they gave little regard to the damage that they caused or the wellbeing of others.

“The CPS is determined to take a firm stand against metal thieves and, in accordance with the Director of Public Prosecutions’ specific guidelines on metal theft, will highlight the widespread public harm caused by these acts, beyond the monetary value of the goods stolen, which will allow the court to sentence appropriately.”

Background:

In the early hours of 12 May 2012, police officers stopped a van which contained the defendants and, during their search of the vehicle, they found a large length of cable along with a hacksaw. Later that morning, the police received a call from the Nuffield Hospital in Shrewsbury to report the theft of a power cable.

The court heard that the cost to the Nuffield Hospital for replacing the cable was £8,839.

Filmer was sentenced to 15 months imprisonment, Bennett to 16 months imprisonment. The youth was sentenced to a 12 month Youth Rehabilitation Order and 100 hours’ unpaid work.

20/09/2012

“The tragic events this week in which Police Constables Fiona Bone and Nicola Hughes lost their lives in the line of duty have shocked and appalled the whole country. I would like to take this opportunity to express my sympathies to their families, friends and to all their colleagues in Greater Manchester Police on their very sad loss.

“I have today authorised the police to charge 29-year-old Dale Cregan with their murders and with the murders of Mark Short, who was killed at the Cotton Tree Inn in Droylsden on 25 May, and David Short, who was killed at his home in Clayton on 10 August. Cregan has also been charged with the attempted murders of Michael Belcher, Ryan Pridding and John Short on 25 May and Sharon Hark on 10 August.

“He will appear in custody at Manchester City Magistrates’ Court tomorrow.

“The CPS and Greater Manchester Police are absolutely determined to deliver justice for those who have been killed and for their families, and we will continue working closely during the ongoing investigations into these deaths.

“May I remind all concerned that as Dale Cregan has now been charged with criminal offences, it is very important that nothing is said, or reported, which could prejudice that trial and jeopardise the course of justice in this case. For these reasons I am not able to comment further about the case at this time.”

“I have advised West Midlands Police to release two men from police bail over allegations concerning female genital mutilation.

“Doctor Ali Haji Mao-Aweys and Doctor Omar Sheikh Mohamed Addow were arrested in May following a newspaper report in which it was alleged they were willing to carry out genital mutilation on two young girls after being approached by a woman posing as the girls’ aunt, but who was actually working as an undercover journalist or agent of some sort.

“Having carefully reviewed the evidence obtained by the police, I have decided there should be no further action against either of these two men. The case has been reviewed according to the Code for Crown Prosecutors and there is insufficient evidence for a realistic prospect of conviction.

“The main evidence in this case is from the undercover journalist or agent but she has consistently failed to sign her draft statement for the police despite being given every opportunity to do so over the past five months.

“I also have concerns over discrepancies between her draft statement and the evidence from the covert recordings, for example, at one stage the covert recordings record the doctors refusing to help the woman with her request.

“I am also troubled by the fact that the covert recordings disclose a time gap which is insufficiently accounted for when the undercover journalist or agent apparently went with one of the doctor’s from the surgery to his home. Unless there is a very compelling explanation for this, the covert evidence is very unlikely to be admissible in evidence. That explanation has not been forthcoming.

“A search of the suspects’ homes, computers and phones failed to provide any evidence that they were involved in any way in this illegal practice. A financial investigation has also found no evidence of suspicious transactions which might then merit further investigation.

“We have a duty to release suspects from bail if the evidence is not there to merit a prosecution, which is why I have advised the police in this case to do that today.”

“On 30 July 2012 Daniel Thomas, a semi-professional footballer, posted a homophobic message on the social networking site, Twitter. This related to the Olympic divers Tom Daley and Peter Waterfield. This became available to his “followers”. Someone else distributed it more widely and it made its way into some media outlets. Mr Thomas was arrested and interviewed. The matter was then referred to CPS Wales to consider whether Mr Thomas should be charged with a criminal offence.

“The Communications Act 2003 makes it an offence to send a communication using a public electronic communications network if that communication is “grossly offensive”. It is now established that posting comments via Twitter constitutes sending a message by means of a public electronic communications network. It is also clear that the offence is committed once the message is sent, irrespective of whether it is received by any intended recipient or anyone else. The question in this case is therefore whether the message posted by Mr Thomas is so grossly offensive as to be criminal and, if so, whether a prosecution is required in the public interest.

“There is no doubt that the message posted by Mr Thomas was offensive and would be regarded as such by reasonable members of society. But the question for the CPS is not whether it was offensive, but whether it was so grossly offensive that criminal charges should be brought. The distinction is an important one and not easily made. Context and circumstances are highly relevant and as the European Court of Human Rights observed in the case of Handyside v UK (1976), the right to freedom of expression includes the right to say things or express opinions “…that offend, shock or disturb the state or any sector of the population”.

“The context and circumstances in this case include the following facts and matters:

(a) However misguided, Mr Thomas intended the message to be humorous.

(b) However naïve, Mr Thomas did not intend the message to go beyond his followers, who were mainly friends and family.

(c) Mr Thomas took reasonably swift action to remove the message.

(d) Mr Thomas has expressed remorse and was, for a period, suspended by his football club.

(e) Neither Mr Daley nor Mr Waterfield were the intended recipients of the message and neither knew of its existence until it was brought to their attention following reports in the media.

“This was, in essence, a one-off offensive Twitter message, intended for family and friends, which made its way into the public domain. It was not intended to reach Mr Daley or Mr Waterfield, it was not part of a campaign, it was not intended to incite others and Mr Thomas removed it reasonably swiftly and has expressed remorse. Against that background, the Chief Crown Prosecutor for Wales, Jim Brisbane, has concluded that on a full analysis of the context and circumstances in which this single message was sent, it was not so grossly offensive that criminal charges need to be brought.

“Before reaching a final decision in this case, Mr Daley and Mr Waterfield were consulted by the CPS and both indicated that they did not think this case needed a prosecution.

“This case is one of a growing number involving the use of social media that the CPS has had to consider. There are likely to be many more. The recent increase in the use of social media has been profound. It is estimated that on Twitter alone there are 340 million messages sent daily. And the context in which this interactive social media dialogue takes place is quite different to the context in which other communications take place. Access to social media is ubiquitous and instantaneous. Banter, jokes and offensive comment are commonplace and often spontaneous. Communications intended for a few may reach millions.

“Against that background, the CPS has the task of balancing the fundamental right of free speech and the need to prosecute serious wrongdoing on a case by case basis. That often involves very difficult judgment calls and, in the largely unchartered territory of social media, the CPS is proceeding on a case by case basis. In some cases it is clear that a criminal prosecution is the appropriate response to conduct which is complained about, for example where there is a sustained campaign of harassment of an individual, where court orders are flouted or where grossly offensive or threatening remarks are made and maintained. But in many other cases a criminal prosecution will not be the appropriate response. If the fundamental right to free speech is to be respected, the threshold for criminal prosecution has to be a high one and a prosecution has to be required in the public interest.

“To ensure that CPS decision-making in these difficult cases is clear and consistent, I intend to issue guidelines on social media cases for prosecutors. These will assist them in deciding whether criminal charges should be brought in the cases that arise for their consideration. In the first instance, the CPS will draft interim guidelines. There will then be a wide public consultation before final guidelines are published. As part of that process, I intend to hold a series of roundtable meetings with campaigners, media lawyers, academics, social media experts and law enforcement bodies to ensure that the guidelines are as fully informed as possible.

“But this is not just a matter for prosecutors. Social media is a new and emerging phenomenon raising difficult issues of principle, which have to be confronted not only by prosecutors but also by others including the police, the courts and service providers. The fact that offensive remarks may not warrant a full criminal prosecution does not necessarily mean that no action should be taken. In my view, the time has come for an informed debate about the boundaries of free speech in an age of social media.”

18/09/2012

Umran Javed was today sentenced at the Old Bailey to 12 months for three counts of possessing a document or record likely to be useful to a person preparing an act of terrorism.

David Hurlstone, CPS specialist prosecutor, said:

“Javed is a dangerous criminal who was found in possession of prohibited terrorist material.

“The documents not only contained detailed instructions on how to carry out an assassination as part of Jihad, but also suggested preferred targets and identified the nationalities of those to be targeted in order of ‘importance’.

“Terrorism takes many forms and this conviction sends a clear message that possession of this kind of material is criminal.”

Background:

Javed pleaded on 31 August 2012 to three counts contrary to section 58 of the Terrorism Act 2000.

On 5 January 2007 the defendant was convicted at the Central Criminal Court of offences of Soliciting Murder and Stirring Up Racial Hatred for which he was sentenced to a total of 6 years imprisonment on 18 July 2007. That sentence was later reduced to 4 years on appeal.

14/09/2012

Following an article in yesterday's Evening Standard, please see below the full statement that was provided to the paper.

Alison Saunders, Chief Crown Prosecutor for CPS London, said:

“We were first asked to make a formal charging decision on 8 September 2011 and we authorised a charge of conspiracy to rob against all three defendants the same day. It was clear that these were serious criminal acts and the case was given our full attention from the outset through to the convictions of the defendants.

“We endeavoured to answer the questions put to us by victims as fully as possible and offered to meet them in November 2011 to discuss their concerns. Info rmation was withheld only if it could have influenced the evidence that they might have given in court. At the conclusion of the trial, we met with those with concerns and their questions were answered fully and frankly.

“I have reviewed this case and I am clear that our staff were professional, thorough and correct at all times in their approach. The convictions and lengthy prison sentences that were obtained are a testament to the quality of their work.”

Additional information

On the selection of counsel

Alison Morgan, recently appointed by the Attorney General as Junior Treasury Counsel , is a highly respected and capable barrister, having acted as counsel in the trials of Dobson and Norris for the murder of Stephen Lawrence and those involved in the attempted suicide bombings on 21/7. The decision to appoint her was based solely on her seniority, expertise and skill, not a desire to save money, and she was assisted by junior counsel throughout.

On the independent review

Counsel was instructed to review the case on 3 November 2011 and advice was received shortly afterwards. The victims were informed that this review had been ordered in a letter from Alison Saunders on 18 November and made aware that it would not be appropriate to discuss the review’s outcome given that they could be called as witnesses.

On prosecuting particular allegations

Byom, Will iams and Lord were charged with conspiracy to rob in September 2011 under the Threshold Test. This test is applied when there is insufficient evidence to meet the standard under the Full Code Test (which requires sufficient evidence for a realistic prospect of conviction), but the evidence is expected to be become available soon afterwards. Applying the Full Code Test in November 2011, we decided that the evidence supplied by the police in relation to a small number of victims was insufficient to put forward as part of the prosecution case. We explained why we were not proceeding with these aspects of the case to those who raised concerns and made clear that we would reconsider if further evidence became available. In relation to one victim, the police provided the CPS and counsel with further evidence in January 2012 and we concluded that there was a realistic prospect of conviction to put an additional allegation before the jury as part of the conspiracy. We appreciate this is a complex legal process and gave a full explanation to the victims at the time of what had happened.

On the ‘exceptional issues of a nature not encountered previously’

The issue referred to was not related to the prosecution’s conduct of this case.

12/09/2012

“The CPS received a file of evidence in relation to Lee Sandell from the Metropolitan Police Service on 9 August 2012. This file of evidence arose from Operation Sacha, the investigation into allegations of perverting the course of justice. Mr Sandell was employed by News International in a security role.

“We have concluded, having carefully considered the file of evidence, that there is sufficient evidence for a realistic prospect of conviction and that it is in the public interest to charge Mr Sandell with conspiracy to pervert the course of justice.

“May I remind all concerned that Mr Sandell will now be charged with a criminal offence and that he has a right to a fair trial. It is very important that nothing is said, or reported, which could prejudice that trial. For these reasons it would be inappropriate for me to comment further."

Background information

This statement is issued in the interests of transparency and accountability.

Lee Sandell is the sixth defendant to be charged with conspiracy to pervert the course of justice in relation to the events of 15-19 July 2011. The charges arising from Operation Sacha are therefore now the following:

1. CONSPIRACY TO PERVERT THE COURSE OF JUSTICE Rebekah Brooks between 6th July and 19th July 2011 conspired with Charles Brooks, Cheryl Carter, Mark Hanna, Paul Edwards, Daryl Jorsling and persons unknown to conceal material from officers of the Metropolitan Police Service

2. CONSPIRACY TO PERVERT THE COURSE OF JUSTICE Rebekah Brooks and Cheryl Carter between 6th July and 9th July 2011 conspired together permanently to remove seven boxes of material from the archive of News International.

3. CONSPIRACY TO PERVERT THE COURSE OF JUSTICE Lee Sandell, Rebekah Brooks, Charles Brooks, Mark Hanna, Paul Edwards, and Daryl Jorsling on a day between 15th July 2011 and 19th July 2011 conspired together, and with persons unknown, to do an act or series of acts which had a tendency to pervert the course of public justice, namely to conceal documents, computers and other electronic devices, from officers of the Metropolitan Police Service who were investigating allegations of phone hacking and corruption of public officials in relation to the News of the World and The Sun newspapers. Contrary to Section 1(1) Criminal Law Act 1977.

10/09/2012

“I have today advised Greater Manchester Police to charge Andrew Partington, 26, with the manslaughter of Jamie Heaton, aged two, and causing criminal damage valued at over £1m to houses in Buckley Street, Shaw, Oldham, on 26 June 2012.

“Police were called to the scene of a gas explosion in Buckley Street at around 11.15am where two houses, number nine and number 11, were destroyed in the blast and other homes damaged. The seat of the blast was in number nine and Jamie, who was in the living room of his home at number 11 watching television, died as a result of the explosion. I would like to express my sympathy to Mr and Mrs Heaton on their tragic loss.

“After considering the evidence, I am satisfied there is sufficient to charge Andrew Partington with manslaughter and criminal damage. The decision was taken in accordance with the Code for Crown Prosecutors.

07/09/2012

“Irfan Patel was in a position of trust to the children in his class and his actions went far beyond what was acceptable in disciplining those in his care. His treatment of the children to whom he was supposed to be providing spiritual teaching and guidance amounted to systematic bullying. They were very young boys who should have expected to be safe when they attended classes at the mosque.

“The punishment that Irfan Patel used was not appropriate chastisement, it was assault and bullying and it is a crime. I hope that this case and other convictions of teachers for assaulting pupils in mosques will give young people and their parents the confidence to report this sort of bullying and ill treatment. I hope it will also serve as a reminder to others who are using similar punishments that we will prosecute where the police refer evidence to us of assaults or ill treatment of children, wherever it happens.”

NOTE: Patel was sentenced today at Preston Crown Court to 40 weeks' imprisonment suspended for 18 months, after he earlier pleaded guilty to four charges of child cruelty at a mosque in Blackburn.

Martin Peckham was today sentenced at Southwark Crown Court to five years’ imprisonment for a blackmail plot involving the family of Bernie Ecclestone.

CPS London Crown Advocate Peter Zinner said:

“Peckham purported to be a mercenary that was aware of a kidnap plot involving a gang of criminals from the Middle East. He contacted the family and told them for £200,000 he would deploy a team of men to effectively take out the kidnap gang.

“Whatever his motivation, this dreamed up plot was simple but menacing enough to wrack up the fear in the Ecclestone household. It elicited an immediate and devastating effect upon the family.

“Although this plot was fairly amateurish and committed it seems by a fantasist, it was executed with persistence and determination and is aggravated by the period of time that family was kept in fear.”

The trial of George Katcharian and Cemal Esmene is opening at Norwich Crown Court. They are accused of defrauding the New Apostolic Church in Germany and Mr Graham Dacre, a Norfolk businessman and philanthropist.

“George Katcharin was arrested in Germany in December 2011 on a European Arrest Warrant. The Crown Prosecution Service successfully sought his extradition so that he could stand trial here on serious allegations of fraud.

“When I considered all the evidence from this case, including much from abroad, under the Code for Crown Prosecutors, I concluded there was a realistic prospect of conviction and that a prosecution was in the public interest.

“Katcharin faces two counts of conspiracy to defraud over proposed investment schemes which the prosecution say mislead and deceived both the New Apostolic Church and Mr Dacre. Cemel Esmene is also accused of defrauding Mr Dacre.

“Both men face further counts for money laundering conspiracies for transferring alleged criminal property to bank accounts in the UK and Lichtenstein.”

The trial is expected to last four weeks.

The defendants are charged as follows:

George Katcharin faces two counts of conspiracy to defraud, contrary to common law:

1. It is alleged that between, 31 March and 31 May 2008 he provided false information concerning a proposed investment scheme that misled and deceived the New Apostolic Church. Cemel Esmene is also charged with the count relating to the New Apostolic Church.

2. It is alleged that between 30 September and 31 December 2007, Katcharin provided false information concerning a proposed investment scheme that misled and deceived Mr Graham Dacre.

1. It is alleged that between 31 March and 5 April 2011, they conspired to conceal, disguise or transfer criminal property, namely the funds of the New Apostolic Church, Germany, into a UK bank account.

2. It is alleged that between 30 September 2007 and 5 April 2011, they conspired together to conceal, disguise or transfer criminal property, namely the funds of the Graham Dacre, into a Lichtenstein bank account.

06/09/2012

Mr Colin Holt died from positional asphyxia at his home in Gillingham, Kent, on 30 August 2010, while under police restraint.

The Independent Police Complaints Commission (IPCC) has investigated the incident and has asked the Crown Prosecution Service whether any criminal charges should be brought against the officers from Kent Police responsible for his restraint.

The case was reviewed under the Code for Crown Prosecutors which has two stages: firstly, whether there is sufficient evidence for a realistic prospect of conviction and, secondly, whether a prosecution is required in the public interest.

Rene Barclay, Principal Crown Advocate with the Special Crime team said:

“I have advised the IPCC to obtain summonses for PC Maurice Leigh and PC Neil Bowdery. Both officers will face a single count of misconduct in public office, contrary to the common law.

“It is alleged that on 30 August 2010, whilst acting as a police officer, namely as a police constable, PC Leigh and PC Bowdery misconducted themselves in that, without lawful justification or excuse, they wilfully neglected to take reasonable and proper care of Colin Holt, a person in police detention.

“On the evidence I have reviewed, I am satisfied that there is a realistic prospect of conviction and that the public interest requires a prosecution.

“PC Leigh and PC Bowdery will now be summonsed on a criminal offence and have the right to a fair trial. As proceedings are now active, it is extremely important that nothing should be reported which could prejudice this trial."

Both officers will appear at Medway Magistrates’ Court on 8 October 2012.

05/09/2012

A Leicestershire couple involved in the shooting of intruders at their home will not face charges. Judith Walker, Chief Crown Prosecutor for CPS East Midlands said:

“Andy and Tracey Ferrie were released on police bail yesterday (Tuesday 4 September 2012) after being questioned about the shooting in the early hours of Sunday morning at their home near Melton Mowbray.

“Earlier this afternoon, the head of the East Midlands Complex Casework Unit, Lawrence English, visited the scene of the incident to see for himself whether the accounts given by Mr and Mrs Ferrie were consistent with other evidence of what happened.

"Looking at the evidence, it is clear to me that Mr and Mrs Ferrie did what they believed was necessary to protect themselves, and their home, from intruders.

"As Crown Prosecutors we look at all cases on their merit and according to the evidence in the individual case. I am satisfied that this is a case where householders, faced with intruders in frightening circumstances, acted in reasonable self defence.

“The law is clear that anyone who acts in good faith, using reasonable force, doing what they honestly feel is necessary to protect themselves, their families or their property, will not be prosecuted for such action.

“We have therefore advised Leicestershire Police that Mr and Mrs Ferrie should be released from their bail as they will not face any charges over what happened.”

NOTES

We are not able to go into great detail about the circumstances of the incident as there are ongoing cases against two men for burglary, and the police investigation into other suspects is continuing.

Daniel Mansell pleaded guilty at Loughborough Magistrates’ Court on 5 September 2012 to burglary, and has been committed for sentence to Leicester Crown Court on 25 September 2012. He was remanded in custody.

Joshua O’Gorman appeared at Loughborough Magistrates’ Court on 5 September 2012 charged with burglary and has been remanded in custody for committal on 19 October 2012. He has an interim video link hearing on 14 September 2012.